What Should I Do After Being Arrested For A DUI?

By
Mark R. De Yoe, APLC
|August 01, 2012

Answer: Memorialize the time line of events of the evening in question.

Every week, many upstanding San Diego citizens end up stopped,
arrested and jailed for misdemeanor DUI. For many of these individuals, the thoughts
of their DUI arrest are so painful, repugnant to their own character,
and career-threatening, that they freeze up, and are unable to think normally.

The specter of everything can seem so horrible, that people do not do what
they can and should do to help themselves, even in situations where they
had relatively little to drink. Meanwhile, it often seems in such situations,
that the human brain is doing all it can do
to forget about this nightmare of a night, and all of its details.

How does BAC effect a DUI arrest?

In today's world,
DUI cases across the nation are becoming truly hairsplitting affairs, where
a margin of error of a .02, or even a .01 percent, can make a huge difference
in the results of a given DUI case. In many cases, it comes down to a
forensic toxicologist, examining all of the available evidence, and listening
to all of the relevant testimony, and arriving at a conclusion as to what
one's BAC was at the precise time of driving.

Unfortunately however, over time, many judges, prosecutors and DMV hearing
officers naturally become skeptical of individuals charged with DUI, because
they have seen so many bad cases over time, and after a while, they become
tired of dealing with people charged with DUI.

Thus, in many cases, the triers of fact in a given case are skeptical of
a given defendants version of the time line of events in a given case,
on occasion wrongly concluding that the defendants memory of events is
selective, and not in fact the accurate truth.

Alcohol Elimination Matters

The fact is, however, that alcohol is absorbed and eliminated over a period
of time, and that many factors can impact the actual
rate of one's alcohol absorption and elimination. The key question ultimately
being; what was one's
blood alcohol contentat the time of the stop (not later, after the shock, stress and excitement of being arrested for
a DUI, and subsequently tested at some location for blood alcohol content).

So - the very next day after getting a DUI, many individuals would be wise
to go looking for their receipts and credit card bills, and preserve the
record of precisely what they ate, and what time, and what they drank,
and what time. Witness's names, address, phone numbers, and other
pertinent information surrounding the evening should be saved as well.

In today's world – there can be a monumental difference between
being a .07% BAC and a .08%. Fortunately, blood alcohol contents can be
calculated based on the facts of a particular drinking pattern, but if
those facts are forgotten and lost over time, they cannot be used to help
someone – in situations where they could and should have. That is
why – particularly in DUI cases, an accused should record the time
line of events of that particular evening while the events are still fresh
in their mind. This preserved timeline can ultimately end up serving as
the foundation, many months later, to the successful defense in a DUI case.

Defend Yourself From San Diego DUI Charges

To combat this, individuals charged with driving under the influence of
alcohol should record and write out the time line of events, as soon as
they can. Most significantly in today's world, people must think of
what is available to them – to corroborate their timeline. This
can include cell phone records, downloadable from the internet, gas station
receipts, credit card receipts, copies of a bar or restaurant bill, etc.
Sometimes people can go back to the establishment they were at and obtain
a copy of a bar chit they had lost.

A given defendants testimony as to the time line of events can be tremendously
strengthened if they consider what records of the evening are obtainable,
and get them. Proving the timeline of events in this way can truly make
all the difference in the world to a given defendant in a California DUI case.

If you or a loved one has been charged with driving under the influence
in San Diego County, California, you can
call attorney
Mark R. De Yoe at (855) 722-6041. Mark has been practicing DUI defense in San Diego for
more than thirty years, and can help get the best possible results for
his clients.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.